Hudson County Driving While Suspended Defense Lawyers

Contact Our Jersey City Office or Hoboken Office To Speak To One Of Our Former Municipal Prosecutors About Your Driving While Suspended Ticket

If your driver’s license is suspended because of points, a court order or any other reason, you cannot operate a motor vehicle without risking a summons for driving while suspended in New Jersey. The penalties imposed by a judge in Hudson County for this violation hinge on a number of factors such as your prior driving record, the reason for your suspension and the location of the violation. Irrespective, you always face an additional period of revocation and significant fines upon conviction, not to mention a mandatory jail term under numerous scenarios. Selecting an attorney who is highly experienced in defending driving while suspended tickets in Jersey City, Kearny, North Bergen, Bayonne, Secaucus and other local courts can unquestionably provide dividends in avoiding these penalties.

The Law Office of Jonathan F. Marshall has been defending individual’s charged with driving while suspended for decades. In fact, our team of former traffic prosecutors possesses over 200 years of combined experience handling Hudson County traffic charges. If you would like to set up a free initial consultation with any one of our ten (10) driving while suspended attorneys, contact one of our Hudson County law offices any time 24/7. A lawyer is available to answer your questions and provide you with the advice you need by calling us in Hoboken at 201.932.2288 or in Jersey City at 201.309.0500.

Hudson County Driving While Suspended Offense

N.J.S.A. 39:3-40 creates the charge commonly known as driving while suspended. The violation is triggered whenever someone operates a car, truck, motorcycle or other motor vehicle when their privileges are suspended. There are various ways a suspension can be triggered, including:

  • Court imposed suspension for reckless driving, possession of CDS in a motor vehicle, driving while suspended, DWI or another motor vehicle violation
  • Administrative suspension by the NJ Division of Motor Vehicles
  • Failure to pay surcharges
  • Lapse in insurance coverage

If an individual “operates” a motor vehicle during a period of suspension, they face a host of penalties such fines, additional periods of suspension, surcharges and even jail. The table below outline the standard penalties that may be imposed at the time of sentencing for violating 39:3-40.


FineSuspensionJail Term


$500Up to 6 Months



$750Up to 6 Months

1-5 Days

Third$1,000Up to 6 Months

10 Days

In addition to these penalties, if while operating a vehicle in violation of this section a person is involved in an accident resulting in bodily injury to another person, then the court will impose a period of imprisonment for not less than 45 days or more than 180 days. Also, if a person commits this offense within a school zone, then they will be subject to additional penalties which include: a license suspension of not less than one (1) year or more than two (2) years, not to run concurrent with any prison sentence; a fine of $500.00; and will be incarcerated for a period of 60 to 90 days for a first offense; if it is a second offense, the prison term will increase to between 120 and 150 days; if it is a third offense or subsequent offense, the prison term will be set at 180 days.

Are There Enhanced Penalties For Driving While Suspended In A School Zone? 

Yes. A motorist faces more severe penalties under N.J.S.A. 39:3-40 if they operate a motor vehicle in a school zone under any of the following circumstances:

  1. On any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;
  2. Driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or
  3. Driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

Driving While Suspended Attorney in Hudson County

The attorneys at the Law Office of Jonathan F. Marshall make up one of the largest criminal defense firms in the State, let alone Hudson County. Our team of driving while suspended defense lawyers have the experience and skill set required to successfully protect your driving privileges, financial well being and freedom. If you or someone you know has been charged with driving while suspended in Union City, Harrison, Weehawken, West New York, Guttenberg or another local municipality, the lawyers on our staff can help. For a free initial consultation please contact our Jersey City office directly at 201.309.0500.